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HomeMy WebLinkAbout12-19-2020DECEMBER 19, 2012 5:00 P.M. 19l PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT CROWN COURT, LLC, APPLICANT WAL-MART STORES EAST, LP, OWNER OF RECORD 818, 836 BENNIE ROAD TAX MAP #105.00-02-04.000 & #105.00-02-05.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning an application for an Aquifer Protection Permit, permitting the increase to the site of a previously approved 10,000 sq. ft. single story retail building to 20,000 sq. ft., for property located on the south side of Bennie Road, approximately 400 ft. east of the Bennie Road/NYS Route 13 intersection, tax map #105.00-02-04.000 and #105.00-02-05.000 Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, John C. Proud Councilman, Gregory K. Leach Deputy Town Clerk, Kristin Rocco-Petrella, RMC Absent: Councilman, Ronal L. Rocco Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Town Justice, Fran Castillo; Town ZBA Members, John Finn and David Alexander; Chuck Feiszli; Mike Barylski; Randy Young; Aaron Hamid; News Reporters: Eric Mulvihill from WXHC, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Deputy Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. He acknowledged Chuck Feiszli from Resource Associates who was in attendance to answer any questions. No comments or discussions were heard. The Public Hearing was closed at 5:05 p.m. L 19 2, DECEMBER 19, 2012 5:05 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, John C. Proud Councilman, Gregory K. Leach Deputy Town Clerk, Kristin Rocco-Petrella, RMC Absent: Councilman, Ronal L. Rocco Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Town Justice, Fran Casullo; Town ZBA Members, John Finn and David Alexander; Chuck Feiszli; Mike Barylski; Randy Young; Aaron Hamid; News Reporters: Eric Mulvihill from WXHC, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file the Cortlandville Planning Board Minutes of November 27, 2012. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file the Cortlandville Zoning Board of Appeals Minutes of November 27, 2012. All voting aye, the motion was carried. RESOLUTION #238 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #646 - 674 $ 28,365.61 General Fund B B 176 - B 184 $ 65,235.89 Highway Fund DB D484 - D515 $ 31,117.89 Special Grants C37 - C46 $ 48,074.10 Water Fund W345 - W356 $ 16,244.09 Sewer Fund S 179 - S 183 $ 2,250.29 Supervisor Tupper offered privilege of the floor to those in attendance. No requests were made. The monthly report of the Town Justice for the month of November 2012 was on the table for review and was filed in the Town Clerk's Office. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Crown Court, LLC for property located on Bennie Road. There was discussion regarding the need for an easement for the power line. Attorney Folmer questioned Highway Sup't. Bush and Chuck Feiszli from Resource Associates as to the status of the easement for the power line. Mr. Feiszli indicated that they would probably not go underground with the power line due to the cost. Highway Sup't. Bush stated that NYSEG indicated they would go overhead with the power line. Supervisor Tupper questioned whether an easement would be necessary. Attorney Folmer stated that an easement would be necessary, and suggested the Board approve the permit conditioned upon an appropriate easement for the power line and whatever conditions were set forth by the Town and County Planning Boards. 1 1 1 193. DECEMBER 19, 2012 TOWN BOARD MEETING PAGE 2 RESOLUTION #239 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #7 OF 2012 SUBMITTED BY CROWN COURT, LLC FOR PROPERTY OWNED BY WAL-MART STORES EAST, LP LOCATED ON BENNIE ROAD Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Crown Court, LLC for property owned by Wal-Mart Stores East, LP to permit the increase to the site of a previously approved 10,000 sq. ft. single story retail building to 20,000 sq. ft., for property located on the south side of Bennie Road, approximately 400 ft. east of the Bennie Road/NYS Route 13 intersection, tax map #105.00-02-04.000 and #105.00-02-05.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Crown Court, LLC, Aquifer Protection Permit #7 of 2012, shall have no significant environmental impact. RESOLUTION #240 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #7 OF 2012 Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #7 of 2012, submitted by Crown Court, LLC for property owned by Wal-Mart Stores East, LP. RESOLUTION 4241 APPROVE AQUIFER PROTECTION PERMIT #7 OF 2012 SUBMITTED BY CROWN COURT, LLC FOR PROPERTY OWNED BY WAL-MART STORES EAST, LP LOCATED ON BENNIE ROAD SUBJECT TO CONDITIONS Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #7 of 2012, submitted by Crown Court, LLC for property owned by Wal-Mart Stores East, LP, permitting the the increase to the site of a previously approved 10,000 sq. ft. single story retail building to 20,000 sq. ft., for property located on the south side of Bennie Road, approximately 400 ft. east of the Bennie Road/NYS Route 13 intersection, tax map 4105.00-02-04.000 and #105.00-02-05.000, subject to the following conditions from the Town Board and the Town and County Planning Boards: 1. That an appropriate easement for the power line be accepted by the Town. 2. The applicant providing details to the Town as to the new grading and stabilization of the berm to the rear of the property to insure that the berm does not erode on to the pedestrian walkway to the rear of the building over time. 19� DECEMBER 19, 2012 TOWN BOARD MEETING PAGE 3 The applicant applying to the Town of Cortlandville/Cortland County Health Department for connection to the public water and sewer including an application for a back flow prevention device for the public water supply connection. 4. An erosion and sediment control plan being developed for the site and approved by the Town. 5. A drainage plan for the site being submitted to the Town to determine its compatibility with the existing Wal-Mart drainage system. 6. That the two parcels be consolidated into a single parcel to avoid the necessity of an area variance for a side yard setback of zero as the proposed building would cross the existing property line. 7. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Deputy Town Clerk Rocco-Petrella apprised the Board the Town Clerk was in receipt of the Commercial Crime Coverage Policy. She asked that the Supervisor and Members of the Board sign the Town's Commercial Crime Coverage Policy, agreeing to the coverage. RESOLUTION #242 AUTHORIZE TOWN BOARD TO SIGN THE COMMERCIAL CRIME COVERAGE POLICY FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board is hereby authorized and directed to sign the Commercial Crime Coverage Policy for the Town of Cortlandville for the year 2013, agreeing to the coverage for the elected, appointed officials and all other Town employees. Attorney Folmer reported: Demolition of Unsafe Building — Route 13 Partners, LLC: Attorney Folmer reported that on November 30, 2012 he responded to the Order to Show Cause before Judge Rumsey with regard to the former Golden Skillet property. Judge Rumsey reserved decision, and on December 10, 2012 issued his decision granting the Town permission to enter the property and demolish the building. The Town was also authorized to recover the costs etcetera provided that the Town make further application to the Judge in order for him to fix the amount, unless the Town is able to agree. The Order is required to be served on the attorneys for the owner by a Notice of Entry, which is the formal document filed with the County Clerk's Office. The Notice of Entry starts the time running for which an appeal could be filed, which would be a period of 35 days since it was served by mail. Attorney Folmer was not sure whether the owners intended to appeal the decision. Moratorium on Placement of Commercial Wind Farm Facilities: Attorney Folmer mentioned that at the last Town Board Meeting the Board discussed the Moratorium in place concerning wind turbines, which would expire December 31, 2012. The Local Law adopted by the Board provided that it could be extended by resolution of the Town Board. Attorney Folmer updated the Board on the status of the proposed local law for Wind Energy Conversion Systems so the Board could decide if they wanted to extend the Moratorium, and for what period of time. On December 5, 2012 Attorney Folmer forwarded copies of the proposed local law to the Cortland County Planning Board, and suspected the Town would receive such comments in January 2013. Copies were also provided to the Town Planning Board and was briefly discussed at the December 18, 2012 meeting. Chairperson Wickwire asked the Planning Board Members to submit their comments in writing to her by their January 2013 Fj 1 195 DECEMBER 19, 2012 TOWN BOARD MEETING PAGE 4 Planning Board meeting. Therefore comments from the two planning agencies would not be submitted to the Town Board until at least the end of January. RESOLUTION #243 AUTHORIZE A SIX-MONTH EXTENSION TO LOCAL LAW NO. 1 OF 2012 — IMPOSING A MORATORIUM ON PLACEMENT OF COMMERCIAL WIND FARM FACILITIES Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, on April 4, 2012 the Town Board of the Town of Cortlandville adopted Local Law No. 1 of 2012 "Imposing a Moratorium on Placement of Commercial Wind Farm Facilities", which was filed with the New York State Department of State effective April 19, 2012, and WHEREAS, per Section 5 of the Local Law, the moratorium imposed by the Local Law shall be in effect from its effective date until December 31, 2012, unless extended by Resolution of the Town Board, and WHEREAS, the Town Board of the Town of Cortlandville finds that an extension of such moratorium is warranted, therefore BE IT RESOLVED, the Town Board does hereby authorize a six-month extension to Local Law No. 1 of 2012, "Imposing a Moratorium on Placement of Commercial Wind Farm Facilities", and it is further RESOLVED, the extension shall be in effect until June 30, 2013. RESOLUTION #244 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES USED FOR TOWN BUSINESS FOR THE YEAR 2013 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the mileage rate to be paid by the Town, for personal vehicles used for Town business, is hereby established at the Federal IRS mileage rate for the year 2013 at $0.565 and is subject to audit by the Town Board, effective January 1, 2013. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Menter, Rudin & Trivelpiece, P.C., dated December 10, 2012, regarding the Cortland County Industrial Development Agencies application for a real property tax exemption (PILOT Agreement - In Lieu of Tax) for Sky Hospitality, LLC (Best Western Hotel). All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Menter, Rudin & Trivelpiece, P.C., dated December 12, 2012, notifying the Town on behalf of the Cortland County Industrial Development Agency regarding the PILOT agreement with Cayuga Press of Ithaca, Inc. All voting aye, the motion was carried. Supervisor Tupper mentioned that Cayuga Press of Ithaca, Inc. was located entirely within the City of Cortland, therefore it had no effect on the Town. 1.9 DECEMBER 19, 2012 TOWN BOARD MEETING PAGE 5 RESOLUTION #245 AUTHORIZE SUPERVISOR TO TRANSFER THE 2012 UNEXPENDED RETIREMENT APPROPRIATIONS INTO THE RETIREMENT RESERVE FUNDS Motion by Councilman Leach Motion by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer the 2012 Unexpended Retirement Appropriations of $24,666.00 from the following fund balances into the following NYS Retirement Reserve Funds to be used for future retirement costs: - $9,404.00 from General Fund A fund balance into NYS Retirement Reserve Fund A232 - $9,121.00 from DB fund balance into NYS Retirement Reserve Fund DB 232 - $4,869.00 from Water fund balance into Water NYS Retirement Reserve Fund SW 232 - $1,272.00 from Sewer fund balance into Sewer NYS Retirement Reserve Fund SS 232 RESOLUTION #246 APPOINT DELEGATE AND ALTERNATE TO VOTE AT THE ASSOCIATION OF TOWNS ANNUAL MEETING Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, Supervisor Richard C. Tupper is hereby appointed as Delegate, and Town Clerk Karen Q. Snyder, RMC is hereby appointed as Alternate, to represent the Town of Cortlandville at the Association of Towns Annual Meeting, to be held in New York City February 17-20, 2013. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from New York State Homes & Community Renewal, dated December 4, 2012, regarding the request for the Federal Assistance Expenditure Form for NYS CDBG and NYS HOME Programs. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from the New York State Department of Transportation, dated December 5, 2012, regarding the Town's request to lower speed limits on the following Town roads and the NYS DOT's determinations: Finger Lakes East Drive; Osbeck Lane; Bennie Road Extension; Elm Street; Summit Street; Madison Street; Ridgeview Avenue; Vernon Drive; Miller Street Extension; Smith Avenue; North Homer Avenue; Maryland Avenue. All voting aye, the motion was carried. RESOLUTION #247 AUTHORIZE SUPERVISOR TO SIGN PROPOSAL FROM THOMA DEVELOPMENT CONSULTANTS TO PROVIDE GRANT WRITING SERVICES FOR THE SUBMISSION OF A LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT FOR INDEXING TOWN RECORDS AND MINUTES Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED 197 DECEMBER 19, 2012 TOWN BOARD MEETING PAGE 6 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the proposal from Thoma Development Consultants to provide grant writing services to the Town in relation to the submission of a Local Government Records Management Improvement Fund (LGRMIF) Grant application for funds for indexing Town records and minutes, and it is further RESOLVED, the cost for such services shall not exceed $1,500. There was a brief discussion regarding the relevy of an outstanding grass and weed control charge onto the 2013 tax roll of the Town. Supervisor Tupper reminded the Board that the property owner was deceased and that nobody was handling the estate. Grass complaints were received which prompted the Town to mow the property. The cost of the mowing must therefore be added to the 2013 Town and County tax bill. RESOLUTION #248 AUTHORIZATION TO RELEVY OUTSTANDING GRASS AND WEED CONTROL CHARGE ONTO THE 2013 TAX ROLL OF THE TOWN Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, pursuant to Chapter 98 of the Code of the Town of Cortlandville the Highway Superintendent of the Town is authorized by Section 98-4 to enforce grass and weed control, therefore BE IT RESOLVED, the Town Board does hereby authorize the outstanding grass and weed control charge in the amount of $271.73 for property owned by Richard J. Parker, 2293 Blodgett Mills Road, tax map 497.04-02-19,000, to be relevied onto the 2013 tax roll of the Town of Cortlandville. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Thoma Development Consultants to the New York State Department of Environmental Conservation, Division of Lands and Forests, dated December 11, 2012, regarding the Town of Cortlandville's Round 11 Urban and Community Forestry Grant. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from Richard Menapace, Chairman of the Cortland Cable Commission, dated December 11, 2012, regarding a Public Comment Session to be held January 15, 2013 at 6:30 p.m. at Cortland City Hall. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Richard Menapace, Chairman of the Cortland Cable Commission, dated December 11, 2012, thanking the Town of Cortlandville for the funds to update equipment for Community Access TV. All voting aye, the motion was carried. RESOLUTION #249 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE A 2013 SINGLE -AXLE DUMP & SNOW PLOW TRUCK CHASSIS FROM THE ONEIDA COUNTY BID AWARD #1604 Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Highway Sup't. to purchase one new 2013 International Workstar Single Axle Cab & Chassis Single -Axle Dump and Snow Plow Truck from the Oneida County Bid Award #1604 for the total cost of $111,719.00. -19 8 DECEMBER 19, 2012 TOWN BOARD MEETING PAGE 7 Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from the New York State Homes & Community Renewal, dated December 13, 2012, regarding the 12-Month Completion Notice for the NYS CDBG Town Wide Housing Rehabilitation Program. All voting aye, the motion was carried. There was a brief discussion regarding the 2012 Small Cities CDBG Economic Development application for Byrne Dairy. Supervisor Tupper explained that only the Town is authorized to apply for the grant, and noted that it would be similar to the grants received for Pall Trinity and Pyrotek. RESOLUTION #250 AUTHORIZE SUPERVISOR TO SIGN PROPOSAL FROM THOMA DEVELOPMENT CONSULTANTS TO PROVIDE GRANT WRITING SERVICES FOR A 2012 SMALL CITIES CDBG ECONOMIC DEVELOPMENT APPLICATION FOR BYRNE DAIRY Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the proposal from Thoma Development Consultants to provide grant writing services to the Town in relation to a 2012 Small Cities Community Development Block Grant (CDBG) Economic Development application, to provide Byrne Dairy financial assistance to construct a new facility in the Town of Cortlandville, and it is further RESOLVED, the cost of such services shall not exceed $5,500. There was discussion regarding correspondence from Thoma Development Consultants regarding the Steering Committee that was meeting to address the conditions of the Route 11 Corridor Study Area (CSA 11) as it traverses from the Exit 12/Route 11 interchange of Interstate 81 in the Village of Homer southward to the intersection of Homer Avenue (Route 11) and West Main Street in the City of Cortland. Supervisor Tupper explained that the Steering Committee recommended that the three involved municipalities undertake a combined CSA 11 Study to be completed by Thoma Development. The study would provide recommendations to the three municipalities and would provide a basis for the municipalities to seek grant funding to pay for priority projects within their jurisdiction. Supervisor Tupper explained that the Town would be responsible to pay 1/3 of the total cost ($10,500) of the study, which would be $3,500. RESOLUTION #251 AUTHORIZE SUPERVISOR TO SIGN PROPOSAL FROM THOMA DEVELOPMENT CONSULTANTS TO PARTICIPATE IN THE COMBINED ROUTE 11 CORRIDOR STUDY Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, a Steering Committee was created to identify the best approach to addressing the current conditions of the Route 11 Corridor Study Area (CSA 11), as it traverses from the Exit 12/Route 11 interchange of Interstate 81 in the Village of Homer southward through the Town of Cortlandville to the intersection of Homer Avenue (Route 11) and West Main Street in the City of Cortland, and WHEREAS, the Steering Committee recommended that all three municipalities undertake a combined CSA 11 Study to be conducted by Thoma Development Consultants, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the proposal from Thoma Development Consultants to participate in the combined Route 11 Corridor Study (CSA 11) for the cost of $3,500.00, which is 1/3 of the total cost of the study. 199 DECEMBER 19, 2012 TOWN BOARD MEETING PAGE 8 RESOLUTION #252 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY PROP INC. FOR PROPERTY LOCATED ON ROUTE 281 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for January 2, 2013 at 5:00 p.m. for an Aquifer Protection Permit application submitted by Prop Inc. for property located on NYS Route 281, tax map #86.17-01-02.111. Attorney Folmer indicated that the Town Zoning Board of Appeals granted the required Variance for Prop Inc. at their December 18, 2012 meeting. In addition, the Town Planning Board approved the Conditional Permit and recommended the Town Board act as lead agent and approve the Aquifer Protection Permit. Supervisor Tupper questioned if there was anything else to come before the Board. Attorney Folmer apprised the Board that several months ago the Town was asked to consider a contract with the Cortland County Information Technology Department. In the past the Town entered into a contract for a flat fee, however the new contract would be based on an hourly rate of $50.00. As of September 30, 2012, the Town had a bill from the County in the amount of $2,700 for services, however the Town never entered into the contract for the hourly rate. Attorney Folmer just received the 2012 contract from the County this week, which was signed by the Chairman of the Cortland County Legislature. The contract would cover services from January 1, 2012 through December 31, 2012. A proposed contract for 2013 was forthcoming. Attorney Folmer requested the Board authorize the Supervisor to sign the contract. Supervisor Tupper mentioned that the Town paid the County $10,000 in 2011 for IT services, and prior to that the County provided the service for free. He stated that the Town was better off paying an hourly rate than a flat fee. RESOLUTION #253 AUTHORIZE SUPERVISOR TO SIGN CONTRACT BETWEEN THE TOWN AND CORTLAND COUNTY FOR SERVICES FROM THE CORTLAND COUNTY INFORMATION TECHNOLOGY DEPARTMENT Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the 2012 annual contract between the Town of Cortlandville and Cortland County for services from the Cortland County Information Technology Department at an hourly rate of $50.00 per hour, effective January 1, 2012 through December 31, 2012. Attorney Folmer apprised the Board he received an Index document from Randy Young regarding the Town's Draft Local Law for Wind Energy Conversion Systems. He thanked Mr. Young for taking the time to create the Index. Supervisor Tupper requested the Board schedule a Special Town Board Meeting for Friday, December 28, 2012 at 9:00 a.m. for the purpose of paying the year end bills. zoo DECEMBER 19, 2012 TOWN BOARD MEETING PAGE 9 RESOLUTION 4254 SCHEDULE SPECIAL TOWN BOARD MEETING FOR FRIDAY, DECEMBER 28, 2012 AT 9:00 A.M. Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby schedule a Special Town Board Meeting for Friday, December 28, 2012 at 9:00 a.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York for the purpose of paying the year end bills. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:30 p.m. Respectfully submitted, 4L �-_Jq Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on February 1, 2013. The draft version of this meeting was approved as written at the Town Board meeting of February 6, 2013. 1 IJ DECEMBER 28, 2012 SPECIAL TOWN BOARD MEETING 9:00 A.M. zoo n 1 The Special Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Gregory K. Leach Councilman, John C. Proud Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, Ronal L. Rocco Others present were: Town Attorney, John B. Folmer. Supervisor Tupper called the Special Meeting to order. There was discussion regarding payment of the bills. Supervisor Tupper explained that bills may have seemed higher than usual, which he attributed to payment into the employee's Health Savings Accounts (HSA) as well as the Town's Health Insurance payment for January 2013. Supervisor Tupper explained that the money for the employees HSA accounts would be deposited on January 2, 2013. RESOLUTION #255 AUTHORIZE PAYMENT OF VOUCHERS — FINAL 2012 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #675 - 689 $ 79,595.39 General Fund B B 185 - B 185 $ 1,121.86 Highway Fund DB D516 - D527 $ 34,011.05 Trust & Agency T34 - T36 $ 33,960.83 Water Fund W357 - W363 $ 7,306.82 Sewer Fund $ 515.18 Supervisor Tupper questioned whether there was any further business to come before the Board. Councilman Testa questioned whether the Board knew which department they would be auditing yet. Supervisor Tupper indicated that the Board members would be assigned a department at the first Town Board Meeting in January 2013. There was a brief discussion regarding mailing of the 2013 Town and County Tax Bills. Town Clerk Snyder explained the process in her office for getting the tax bills mailed to property owners. She and her staff were working hard to get the tax bills mailed on time. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Proud, to adjourn the Special Meeting. All voting aye, the motion was carried. The meeting was adjourned at 9:20 a.m. Respe tfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on February 1, 2013. The draft version of this meeting was approved as written at the Town Board meeting of February 6, 2013. ML JANUARY 02, 2013 PUBLIC HEARING NO. 1 5:00 P.M. AQUIFER PROTECTION PERMIT PROP INC. ROUTE 281 TAX MAP #86.17-01-02.111 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning an application for an Aquifer Protection Permit, permitting the use of an 18,000 sq. ft. portion of an existing building as a mill work facility, for property located on the west side of NYS Route 281, approximately 675 ft. southwest of the NYS Route 281/NYS Route 222 intersection, tax map #86.17-01-02.111. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Town ZBA Member, David Alexander; Attorney Mike Shafer representing Prop, Inc.; News Reporters: Neil Benjamin from the Cortland Standard, and Sharon Stevans`from Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. Councilman Rocco stated he did not have any problems with the application. He was initially concerned about noise, which should not be a problem. Councilman Rocco thought the project was a good use of the property. No further comments or discussions were heard. The Public Hearing was closed at 5:03 p.m. 1 1